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10 July 2026
Issue: 8169 / Categories: Legal News , Employment , Tribunals , Disciplinary&grievance procedures
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NLJ this week: EAT rulings redraw key employment law boundaries

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Four recent Employment Appeal Tribunal decisions have clarified important employment law principles on dismissal, bonuses, trade union activity and tribunal procedure

Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at the University of East Anglia, highlights a ruling confirming that an employee's motives may, in some cases, help determine whether conduct amounts to repudiatory breach, observing that 'motive may, in an appropriate case, be evidence as to how a reasonable person would react'.

He also examines a bonus dispute where an employer could no longer 'move the goalposts' after entitlement had crystallised, together with decisions on the limits of the separability defence in trade union dismissals and extensions of time for tribunal responses.

Collectively, the judgments reinforce a fact-sensitive approach while placing limits on employer discretion. 

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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